The Abbeville press and banner. (Abbeville, S.C.) 1869-1924, November 01, 1899, Image 5
W '
<
F-- *
k -The Press and Banner
ABBETILLE, 8. C.
t^~Publl?bed every Wednesday at 82 a
year In advance.
| Wednesday, Nov. 1, 1899.
Brnce'd Re?t?iirant. (
Go to Bruce's Restaurant for meals at all
honrs.
Bruce's Restaurant Is open for the Fall and
"Winter trade.
Bruce's Restaurant Is open day and night
knock and tbe door sball be opened untoyou 1
The Literary Club will meet at the home of <
Judge Gary the second Friday Instead of tbe I
f first Friday night.
WELCOME HOME. ]
. i
Mr. James M. Bnher of Washington
la at Lowndesvllle and Abbeville.
Last week we forgot to note the return of
Mr. J. M. Baker from Washington, wbo came
on a visit to his old home aDd to bis old
friends. Mr. Baker Is a most efficient librarian
in the United Htates capita), and gives
universal satisfaction. Lowndesvllle has rea
Bon to be proud of the suocess of her young J
men. and especially of the Baker brothers.
Mr. C. T. Batter Is now captain of a transport
bip, Mr. Glbbes Baker has a good government
Job in New York, and Mr. James M.
Baker is Librarian for the Senate. We have i
more intercourse wltb Mr. J. M. Baker for the
reason that he is at the Nation's capital, and C
be always seems to regard it as a favor for
borne folks to bother him.
'
Mrs. Mary Taggart has returned from Atlanta
with all tbe newest Ideas in dress mak;
lng and millinery.
Mrs. Mary Taggart has brought on a nice
line of dress gooi's and trimmings, ladles and
mines combination salts, hosiery, corsets,
ribbons, handkerchiefs, braids and jet trimmings.
Prettiest SO cents corset in town at Mrs. \
Taggarts.
Plash capes at S1.50 up at Mrs. Taggarts. 8
? S
r, m/r
A. Lady'i Bambllng at B. C. Bernan's.
Sterling sliver friendship bracelets and
hearts In great many styles with your Initials
engraved on them, all the go now, can be
found at Bernan's, prices 15 to 75 cents.
* Leather purses, card cases and cigar cases, ?
with or without sterling mountings, are
shown at Bernau's In greatest profusion, you
are Bare to find what you want, prices 85 cents
to IS.
Sterling silver spoons and ladle* and forks
from tl.85 each upwards, and In handsome
ilk lined boxes, will make an Inexpensive P
but useful wedding present. U
Better select your Christmas presents now b
and bave tbem laid aside, tbe Jewelers Norib
are keeping busy day and nlgbt filling orders
.and goods will be bard to get later on, and ?
you may not get wbat yon want. R. C. Bar- b
nan Is getting In new goods every day and
you are sure to find something you want now. q
WILLINGTON'S BUDGET. *
LI
II
Mod eat Thief?Whiskey and Pistols? n
Education and Other Topics.
Wllllngton.S. C., Oct. 80th, 1899. f{
Mr. Isaao Porter bas been very slctt for ?
some days past but Is out again. He has f
been suffering from rheumatism and now u
moves around on crutches. p
Mr. Arch Andrews Is again restored to *r
health. He bas lust overcome a spell of fever.
Mm DuvIr Pnrcher returned home tbls "
week. She has been on an extended trip to a
her motberlo-law. Mrs. Porcber lives loBt. ,
' Louis, Mo. dl
' Milton Scogglns, the nineteen year old son
ofT. D. Scoggins was very seriously ?hot with ,11
a 88-callbre pistol last Wednesday night. It P'
Is not known but believed to have been an 11
accident. Whiskey did It. ni
Perrln Wells spent Saturday night with b Ik 31
parents and wblleaway some conscienceless r}
thief vUlted the store and carried away flour ">
enough lor some weeks. The thief must bave
been stealing from necessity and not Irons a 11
natural desire as tie was alone in his glory al
and oould have made way with a great deal aJ
more than be did. Hunger Is terrible and we "
suspect more BtealiDg will be done before
? , winter is gone. di
Dr. 8am Cade who was recently romantic- 1
/ ally married is building a beautiful residence 11
. ' near his father's, and will begin boasekeep- A
rbsi- ? log soon. 11
S. W. Perryman returned Snturday from 8(
'I an extended trip to Augusta. He bas laid In oi
a supply of winter goods. n
Rev. W. P. Wltsell will deliver an address P
on "Education" at the Wllllngton Academy, u
Friday night, Nov. 8rd, at 8 o'clock. Public 0
cordially Invited. No admission fee. Music "
by the Wllllngton Orchestra and songs by the tc
, '< Bchool. 81
Thomas Black is now In ML Carmel study- o
log telegraphy under the agent at that place. 11
Miss Kate Jones, of Mt. Carmel, Is visiting Bl
.' her sister. Mrs. J. T. Black. 0
' Mr. O. D. Black, one of our handsome and ?
moat popular drummers, ha* become attached "
to our neighboring mountain town and Is a
found there quite often, so I have been told. R<
Mt. Carmel'H loss will be WHllngton's gain. to
Invitations are out for a Hallowe'en party Q
at Mr and Mrs. John Oliver Hemmlngera's, *
3- Tuesday night, Oct. 81. o
ROLLER MILL. f(
Along with a friend I visited Martin Shoals ?
Saturday evening. The shoal's and land have ?
undergone a great ohange? a lair example of
what money and energy will do when In the "
bands of wide-awake citizens. We underBtand
the company Is comlemplallng putting
up a large roller mill and grist mill In order [
to nse the surplus 40-borse power of electric- h
lty the power will generate. We know of 5
nothing that will benefit Abbeville County "
more and be a better paying Investment to ?
the company than a good mill at Wllllngton. .
, I Bay at Wllllngton for the town 1b only three '
miles (straight line) from the shoals. It Js
the best located town on tbe C. & W. u. K. k
Tbe mill woald be easily accessible, A good "
aite could be secared on the railroad and a
large territory well adapted to raising corn
ana wheat surrounds tbe town. Besides, ,
more of Georgia territory could be reached ,
than from any other town on the road. Now
word to oar merchants, call a meeting of J;
oar citizens take steps to get the mill If you .
want our town to continue growing. It will ,
be to your advantage as well as for the mill. _
You nave your school, your churches, your J
progressive citizens, get the roilor mill and "
before tbe one-horse towns along this road
knows it, we will have an oil and cotton mill, r
B- r
? ? 1*
t
You can buy a nice C&pe or 1
Jacket from Smith's Dry t
Goods and Millinery for very t
little money. \
T^7"ANTED ? SEVERAL BRIGHT AND '
?? honest persons to represent ub as Man- c
sgers In this and close by counties. Salary c
9900 a year ana expenses. Straight, bona-flde, t
no more, no leu salary. Position permanent.
Our references, any bank In any town. It is (
mainly office work conducted at home. Reference.
Enclose self-addressed stamped envelope.
The Dominion Company, Dept. a,
Chicago. Sept. 25,1800, lttt.
.jfitntk F0R .
0 li Y
And those who are interested in j
House Furnishings, would we call at- !
attention to our fine COOK STOVES ]
?"Garlands," "Iron King's," and '
"Superb's." These are sold on MEBIT. ]
Avoid the "just as good" bind. If
you must have something cheaper, we
have all grades.
Abbeville Hardware' Co.;
"Everything in House-Furnishings."
VJTU W iUIIJUlU Ub i/uno 1UI UIUO W*?vv ?v?r.
Go to Mllford & DuPre for caotl soap.
King oar phone and let oh know your wants
and we will do the rest. Mllford & DuPre.
PUone 107.
Go to Cocbran'B for groceries
When you want a good ham call on J. S.
Cochran.
V I
r
.
...... ;
: v.t; A
JL
NOW HAS HI!
CALL ON HIM
SHOES, GENT
AND G-LASSW
His stock in all ]
stock of Dress Goods
terials of every conce
We always carry
finest stock of TOW]
rains in FINE BED
11-4 and 12-4 in the
beautiful assortment
Wool Rug at $5.00, 1
if Sim
We have also a fi:
t for LADIES', MIS
A cordial invitatic
arays carry as compl*
stock now which nee
Tou can be pleased in th<
ine of Silks and Satin
ihown by Smith's Dry Goodi
ind Millinery.
NOT SO EASY TO CHEAT.
'he Supreme Court It* Looking Afte
the Trick* by Which Innnrnnc
Companies no Often Defeat thel
Customer*.
In last week's lssne we showed that our Sv
reme Court bad laid down principles pr:
?ctlng the rights or the people against forelg
ulldlng and Loan Associations.
Our Supreme Court has been equally carefi
1 guarding the rights of those sustaining lot
y Arc under policies of insurance.
Tn the case of Copeland Western Assuranc
0.485. C., 26 the following principles wer
tated:
1. That where the defendant claims the
ieplaintiff has not a right of recovery o
ae policy of insurance, by reason of the fac
iat he failed to comply with the requiri
16Q18 0i me policy, BUCil oojbcuuu LLiuai u
:t ud in bis answer to tbe complaint
2. Tbat where tbe defendant sets up a d<
mse In hlB answer that tbe plaintiff Is barre
f bl? right of recovery on tbe policy of losui
oce, by reason of bio, failure to perform cei
tin things therein required to be done on hi
art, it is nob incumbent on the plaintiff to ir
oduce testimony showing such performances b,
im, and consequently a failvre to introduc
ich testimony does not entitle the defendant I
n order of nonsuit.
3. Tbat where tbe defendant seta up sue!
efence in bis answer, and tbe facts brougb
at during tbe introduction of plaintiffs tea
mooy In chief show tbat there has not beei
erformance by the plaintiff of such require
lenisofthe policy, still the defendant wouU
ot be entitled to an order of nonsuit, becauc
tch order would deprive the plaintiff of hi
ght to show waiver or estoppel on the part q
? defendant to make such objection'
in tbe recent case of Kingman Lancaste
Co., 154 8. C. 599 these Drinclples ar
thrmed. Tbe Court In commenting on th
oove mentioned case and others sustalnlni
le same aocirme uses uim muguuKc;
These canes show that forfeiture la matter o
afence, and that plaintiff may show waive
t rebuttall of evidence of forfeiture, althougl
1 these cases waiver baB not been pleaded
ppellant contents, however, that sec. 18a c
ie Code leads to a different conclusion. Tba
fctlon reads: "In pleading the pertormanc
t conditions precedent in a contract, it sbal
ot be necessary to Btate tbe facts sbowln
erfomance; but it may be stated generall;
lat tbe party performed all the condition
a bis part; and If such allegations be con
overted, the party pleading shall be bourn
> establish, on tbe trial, tbe facts shotvlni
jcb performance." In this case the core
laint alleged tbe performance of all condl
ons of tbe policy in the general terms c
>ctlon 283. and tbe answer contained a denia
f such allegation. In the first place, we d
ot tblnk tbe production of the inventory
iken previous to tbe issuance of the policy
fter a loss, is a condition preoedent, which 1
ame act or event necessary to make contrac
ike effect. It is rather a condition subse
uent, which is Intended to defeat a contraci
rblob being matter of defenne, need'not b
otlced In plaintiff's pleading. A forfeitur
oes not make a policy of lnBtirance void lps
)Cto. It is merely a ground upon wbich th
olicy Is voidable at tne option of tbe Insure!
'urtbermore, if forfeiture is matter of defens*
s tbe canes cited established, then unde
action 174 of tbe Code, such defense, nc
onstltutlog a counter-claim, and being mat
Br in avoidance, need not be replied to b;
lointifr iinleun rnnnlrad ho to do bv th
'ourt od defendant's motion. Davla \
cbmldt, 22 8. C., 128. Then, In reason evl
ence of waiver on estoppel ought to b
(lowed lu reply to evidence to show forfe
are, for to show one estopped to asset
jrfeltare for non-per-formance Is In effect t
how performance. ? *
Provisions for forfeltnre In an lnsuranc
ontract are for tbe benefit of the Insurer, an
nay be waived at the Insurer's option. A
tated before, the policy Is not void for breac
f condition, but merely voidable. If tb
osurer does not chose to assert a forfeltun
be policy stands by virtue of tbe orlglnt
onslderatlon. Waiver does Invole the ai
ent of the Insurer, since It Is "tbe Intentions
elinqulsbment of a known right," but tbl
ntent to relinquish the right to avoid
volley for breach of condition may be ev
lenced by acts or conduct of tbe Insure
fter knowledge of a breach, recognizing tb
n? o walM ?? iot \ nor mnfrun! or t h
"JllVJ ?
surer may be estopped to deny intent t
ellnqulsb Its rlgbt by such conduct aftt
mowledge oftbe breach as puts the Insure
o trouble and expense on the reasonable b<
lef tbat tbe Insurer regards the policy t
alld.
We have brought these rulings to tbe attei
Ion of tbe public 10 apprise the people <
heir rights, and to warn them not to sarlfft
heir rights by disadvantageous compromlc
ifter a loss has been sustained.
Under the rulings of the court a plaintiff
lotapt to be non-suited, hut to have hlB cat
sonsldered by tbe jury, In which case It ma
ionfldently be expected tbat Justice will t
lone between the Insured and the Insurant
:ompany.
EARLY NEWS
rhiit is What Is Wanted In Ever
Printing ?nice.
Tbe Tattnall Journal admonishes Its corr
spondents to send in the news promptly, as
lot-s not want to "publish a birth after tt
:hlid is weaned, a marriage after the hone;
moon is over, or an entertainment alter tt
lob printing 1b done elsewhere."
Wby an Euicluc In a "She."
Ad exchange says this is the reason a
BDglne is called "she." They wear a Jacke
an apron, shoes, hose and drag a train b
bind them; they have a lap, need guides, rlc
wheels, will not turn out for pedestrains an
pedestralns and sometimes refuse to wort
attract, men. ftr? Hnmatimefl verv coi
tary and, Its always takes a man to manaf
them.
?
Local* of J. R. Glenn.
Kennedy's fine cakes and crackers at Glenn
"Uneeda" Jtnger and banquet wafers, saltt
sodas, brownies, ice cream and cbocola
cakes.
Fresh bams, B. strips, mackeral, cheese at
macaronla at Glenn's.
Soap, soda and matches almost given aws
ill uiena's.
Almost anything a housekeeper wishes t<
her table can be had at Glenn's.
High quality, low prices, prompt dellvei
at Glenn's. Phone No. 116.
Seed barley, rye, wheat and onions setsi
Glenn's.
14 lb. keg soda for only 25c. at Glenn's.
>:;V ' ' '
. ' - . ' 's.. . . --
fc?
j_ i III iim aanweg i i ! i
>.
3 THREE LARGE STO
[ AND YOU WILL FIN
S' FURNISHING GOOI
ARE, GROCERIES A Is
ines has never been laree
In this department tl
livable kind for making \
a good stock of EMBRC
ELS we have ever showr
BLANKETS as we are <
same proportion. Our
ever shown in our city.
winch is worth SJ57.00; on
i ill Ming is Km Be
ne assortment of CHILD
SES, CHILDREN, ME*
)n is extended to the peo
3te a stock of MERCHA
ds to be moved. It wil
3 AN HONEST COURT.
8
g Blocks the Shrewd Rascality of Bnlld- N
Iok and Lonn Associations.
The Supreme Court of this State cannot be
used as an aid or shield lor tricksters, who
would take advantage of our people. Mr. te
Justice Gary of our own olty, we are pleased
to see. takes a leading part In defending the tb
people and will not lend himself to the perver- to
r slon of law and Justice, even at the instance
e of the great and rich corporations which set
r traps for unwary feet. These foreign gentle- w
men will be required to perform their part of ^
contracts in this State: ? m
'"| Tbe Supreme Court of this State has recent- ce
n ly decided a very Important question In re- tb
sard to tbe rights of tbe people against foreign
. Building and Loan Associations. bl
" Tbe facts of tbe case and tbe ruling of tbe
iB Court will appear from that part ol ttie opln- tb
Ion delivered by Mr. Justice Gary as follows: de
"Tbe appeal herein is from an order dlssolv- cc
;e Ing an attachment, which had been issued on ai
e tbe following affld?vli: Bright Williamson, ed
tbe plaintiff above named, being duly sworn, P>
11 says: 1. That the defendant above named, of
? tne Eastern Building and Loan Association, ot
51 of Syracuse, N. Y., is a corporation duly m
s" organized and chartered under tbe laws of tbe ei
0 Stale of New York, and tbat the said assocla- P'
tlon Is justly and truly indebted to the deponent
in the sum of $1,662.60, with interast from ai
d the 29tb December, 1897, as follows: on the w
r" day of February, 1891, deponent having or
r made application for membership in the EaB- PC
8 tern Building and Loan Association, of Syra- P<
1 cu*e, N, Y., subscribed f<<r and received twen- er
y I tv-flve shares, under a contract by which be be
e I was to pay SI per share membership /ee, aDd th
0 thereafter seven-flve cents per share, or $18.50 wi
monthly lor seventy-eight months, and upon de
? his bo doing the said association was to pay rlj
1 him 8100 for each share sixty days after accep- tl(
'* tanoe of satisfactory proof of such payments. wl
a That afterwards, on the 19th of April, 1895, Jo
deponeni In accordance with the by laws bor- pr
1 rowed from tbe association tbe sum of ?987.50, an
e with the understanding and agreement that dc
* he would pay as interest tbe sum of 86.25 each de
/ month until tbe expiration of tbe said seven- th
ty-elgbt months, when bis said loan would be la
r extinguished by deduction from S2.600, the sti
6 value of the sbarea That deponent paid said sb
6 membership fees, tbe aforesaid monthly dues Jm
5 on bis stock, and the said monthly interest th
on bis loan until tbe full expiration of the re<
1 said seventy-eight months, and then with- stl
r drew from said association, gave notice to tbe ' wl
? association, furnished the satisfactory proofs dc
of bis compliance with his part of said con- th
'[ tract, and made demand for tbe sum of $1,662. pu
1 50, tbe same being 82,500 less 8937.50, the th
? amount of his loan; but that though sixty wl
l days have since elapsed, tbe said association vo
? has failed and refused to pay deponent tbe de
P said sum of $1,562.50. wl
s "Thn niatntiff introduced in evidence a pr
' circular Issued by the defendant wbicb 36?
11 among otber statements contained tbe follow- Ac
5 lng: For tbe Investor: Tbls association Is- J
' sues tbree classes of certificates, designated as nc
Instalment, paid up, and fully paid up. All lie
'[ of wbicb are guaranteed to mature In 6 1-2 ca
11 years; amply secured by first mortgage on ,sei
0 real estate; paid up stock doubles In 61-2 In
[ years; fully paid up certificates guaranteed bo
quarterly dividends, seven per cent, per an- m
? num. For tbe borrower: Tbls association J
1 bos no auction sales, no bidding for loans, pu
;* and a definite time for repaying a loan. Tbe as
only association making a contract definite de
e in every particular. Withdrawal value mi
6 clearly stated, and never leBS tban tbe *
0 amount paid in instalments; stock matures nc
? In 78 months. Borrowers know the exact ed
r* amount required to cancel their mortage." mi
After considering otber questions in tbe va
r case tbe Court proceeds as follows: m
rt, we Will neXL cuuuiuer wuetuer inert) wan >o
error Id determining that the plaintiff dirt not se<
y have a cause of action on the ground that his an
re claim was not due and payable. Ifthisques- tb
Hon had to be decided solely upon, tbe plain- an
'* tiff's affidavit, it would undoubtedly appear is
te tbererrom tbat a cause of action exists in
'* favor of tbe plaintiff against tbe defendant.
>l 2. Tbe defendant, bQwever, Introduced in
? evidence tbe charter and by-laws, for tbe purpose
of showing tbat tbe shares of stock are
? far below the value of 8100, and, therefore,
d. that tbe said shares have not matured. Tbe
? agreement alleged lrf the plaintiff's affidavit .
h and the by-laws present Bcemes for maturing ?]
6 tbe sbarea otstocfc tbat are radically different.
B< Tbe provisions of tbe said agreement and of 03
ll tbe by-laws for maturing the shares ot stock,
3: are repugnant and in irreconcilable conflct. &]
11 Tbe question Is thus presented for this Court
18 to decide which shall prevail. It is a well
8 known fact tbat comparatively few people
1* wbo become shareholders In such associations
r. are familiar with their by-laws. They rely ,
e upon the honesty, integrity, and fair dealings
e of those who manage the aflalrs of tbeassocla?
tlon. It Is also a well known fact that the by- w
-r laws are frequently intricate and almost
d unintelligible to the average shareholder,
5* and that thoBe In charge of the affairs of the J
'8 association usually become exceedingly ^
expert In the Interpretation of them, thus
giving the association a decided advantage in Jn
3l the way of Information over the shareholders. J?1
Publlcpollcy.lnordertopreventtheperpetratlon
of fraud, and to prevent J ust such a case lt
i? as we now have before us, In which the plain- 18
tiff alleges tbat he was Induced by the express v?
, promises, and the literature of the defendant, 811
to part with bis money. In purchasing Its br
'e shares of stock, demands tbat the defendant
,y should not be allowed to elect whether it will
' be bound by Its by laws, or lts express agree
mentasto the time when the shares would
:e mature." ?
"It Is also argued that the agreement fixing B"
a definite time for the maturity of the shares ?
was ultra vires. ? ? ? tic
If the agreement was ultra vires, and the ?
association entered Into It knowing It could
not perform Its part thereof, and thereby
luduced the plaintiff to part with his money 11
In the purchase of slock, then it was a Pr
y tort, and the defendant would be liable there- <Jt(
for. Furthermore, even if the agreement was d<1
ultra vires and the defendant could Interpose e)l
e- this plea, it would not be allowed to retain P?
it the henefits which It derived therefrom, and co
le tills would el ve the plaintiff a cause ofactlou. !e
y It will tbu6 be seen that the Supreme Court ?}'
le of this Stale protected our people from the vl
imposition that was attempted to be practiced wi
upon tbem.
. hf
ac
Mrs. Taggart has a large stock of perfumery, Jjj
sachet powdars, toilet waters, borated talcum.
? and other face powders, also dental and bay
j hazel creain?, hair tonic of qnlnere and bay- 1"!
id rUD1, br
c; Pompadour combs with and without Jewels. |n
n-' Mrs. 'faggarts. 8h
Mrs. Taggart will save you 50 per cent, on T1
millinery. be
Mrs. Taggart can tell you what to wear and If
how to make It, what to buy and where to ?
buy it. ?
Mrs. Taggart leads in dressmaking. Dresses m
's cut to fit and made to order.
:d 01
le m . m su
ac
id Pipes, pipes, pipes In any quantity at Mil
ford & DuPre's drug store.
LV Mrs. Taggart still leads in both quality and
noi/inn rtn mil II nflft'
JJKbOO WU u.. ...uv j. m
or You will make the mistake of your life if 10
you buy your toilet articles before Inspecting
our line. Milford Jc DuPre. ^
Dr. Hill's headache powders never fall, ai
al Try them, for stile by Milford & DuPre. lo
Strengthen your lungs before cold weather
by taking a bottle of Dr. Neuffer'u lung tonic.
For sale by Milford <fc DuPre. C<
- . > . : .
'? J t H 4> .
*
T.
IRES FILLED WIT!
D IN ABUNDANCE
DS, HATS AND CAI
rD HARDWARE,
sr, more attractive or
ley will find Silks, Se
Vaists, Skirts and Fu
)IDERIES, and this !
1, ranging in price fro
offering now. We \
stock of CARPETS
.Here is a sample 01
e at $2.85, worth $4
i il Prices Never K
REN'S and BOY'S C
1 and BOYS.
pie of Abbeville Coue
NDISE as can be foi
1 i a ir> u-t
i uu uiuveu ii T,nere is
ONE AT A TIME.
o Man Can Hold Two Public Offices
In Sonth Carolina.
ine state.
When the constitutional oonventloa adotd
tbe clause prohibiting the dual, triple and
'en quadruple holding of offices In this
ate, bo prevalent at tbe time, It was
lougbt tbat an end would be put to the ousm.
But tbere have recently been many inanceB
of It brought to tbe attention of tbe
iblic.
In several cases it was puzzling to know
hicbof the offices held by certain men were
u-ant under tbe operation of the constituan.
In order tbat be mlgbL act without
lstake In such canes, Gov. McSweeney rently
obtained tbe following opinion from
le assistant attorney general:
Hon. M. B. McSweeney, Governor, Columa,B.
C.
Dear Sir: Yon desire to be advised whether
ie same person can be a town warden,
jputy sheriff, Jailer and a member of tbe
mnty boaid of control at the same time,
id If not. which oftbese positions are vacat
I. The constitution in secuon 2, article a
-ovldes: "No person shall bold two offices
honor or profit at the same time." Hence
ir Investigation must be directed to deterIne
whether more than one of the above
inmerated position Is an office of honor or
ofit.
An office 1? defined to be a right, authority
id doty created and conferred by law, by
blch, for a given period either fixed by law
enduring at the pleasure of the creating
>wer, an individual is invested with some
trtlon of the sovereign functions of the govnment,
to be exercised by blm tor the
ineflt of the public. Now it Is manifested
at this definition applies to the town
irden. Such an office is oreated and so
mominated by law and is Invested with a
?ht and duty of performing important func>ns
of government. A town warden is,
Ith certain restrictions, the legislative and
dlcial power of a municipality. The suerne
court in this State in the case of Alexider
vs. MoKenzle, Second 8. C., 81, lays
iwn the rule here set forth. Likewise a
puty sberiir comes wiimn tne purview or
e above definition. The affloe la created by
w (sections 713 and 714, volume I, revised
itue): the appointment 16 made by tbe
erlff subject to tbe approval of the circuit
age and tbe appointment 1b evldenoed by
e sheriff's certificate. Tbe deputy may be
quired to give bond and most sign a conitutlonal
oath as well as other oaths, and
sen thus qualified may perform any of the
itles of tbe sheriff. It is clear, therefore,
at be Is an officer. Likewise a Jailer is a
bile officer. Tbe office Is created by law,
e appointment must be In writing and filed
tb tbe clerk of court (Sections 526 . 527,
lumell, revised statutes. Tbe duties are
fined by Btatute and are of a public nature,
th penalty for non-performance. Tbe sueme
court In tbe State vs. Sellers, 7th Rich.
I. takes tbe view that a Jailor is a public ofer.
Members of tbe county board of control
it only come wltbln tbe definition ot a pubi
officer, as above set forth, but are speolfiIly
created and denominated officers In
etlon 0 of tbe dispensary law of 1896. where
It Is provided : "A member of tbe county
ard of control shall qualify and be comlssloned
as are other couifty officers."
\h all lour of tbe positions suggested are
ibllo offices of either honor or profit or both,
contemplated by tbe constitution, it Is evl t
that no person can hold either two or
ore of tbem at tbe same time.
\s vour communication does not state the
imerlcal order In which the above mentionoffices
were accepted, It Is Impossible for
e to deolde whlob office or offices have been
cated. However, that matter can be deterIned,
for It is a well established rale, (State
. Butts 9tb, S. C.,) that the acceptance of a
cond office Is Ipso faoto tbe abandonment
d resignation of tbe first. Hence tbe first
ree of these offices accepted were vacated
d tbe last, If there be no other legal reason,
In force.
Very truly yours,
U. X. Gunter,
Assistant Attorney General.
Don't fail to see the line of
hoes for ladies and children
Bfered by Smith's Dry Goods
ad Millinery.
THE TELEPHONE.
as It by tills Means tbat the Almighty
Talked to Moses on Sinai.
["he wonder of the world is the telephone.
rerytblDg el?e can be aocounted for and
plained, but when the explanation Is made
full of how the telephone workB, the raysry
still remains, for, lo, the voice of a friend
luureas 01 miieh awny comen huuuuiui; uole
one, &e though face to face, and the fact
made clear that there is a divinity in that
ice that distance, and roaring storms and
I the clamors of a mighty world cannot
eak one tone of. It is as when the Infinite
oke to Moses on Sinai, as when, after all
e clamors had passed, the still small voice
>ote upon the ears of the seer and he knew
at Goa was nigh. One asks a question, his
?n voloe dies away in the room in which be
s, but a moment later out of the darkness
voice replies, and he knows tbat his ques>n
bas penetrated all the space for hundreds
miles, and tbat the answer has come and
ought with It all the tones tbat love or
endshlp would demand for identification.
Is easier than formerly to believe tbat tbe
ayer preferred is recorded on the receiver of
srnlty and that sometime proof of man'sj
imlnion over not only tbe earth, but all its
aments, and tbat he bas been from the first
issessed a Uiviniy which is sufficient to
mmand and make a servant of mere matr,
tbat his place is, after all, only a little
wer than tbe angels, and tbat when tbe en>
ronment of this world shall be cast off he
III find that instead of death being a close it
but the opening gate to a higher and freer
'e. We bear a bell, and a voice tbat we
tve not heard for months or years responds,
id so we know that voice is still, with all
e old tones, to be heard. Who shall say
at when another summons comes we shall
lb IJCttl TUIUCD lunv WO bu V/U Kill UI%V. VUV
rever In whispers, hear them with all the
d rythm sweetness? Listening, there is
oueht to ur the music of ad orchestra play*
K hundreds of miles away. What music
all we hear when the final key Is touched?
je storm, the Interposing mountains, the
torn of cataracts or the roar of rushing
ains?none of them Interpose any barrier;
hat will he that music that will come to us
ben all the barriers are removed and upon
ir sublimated cars strikes the far-off
Ighty, but Incomparably sweet refrain ?
What Is going on ought to exalt men, it
ight to make them humble, for why should
ich specks as they be given the blessings
id the glory that are bestowed upon them?
Heavy groceries, such as bacon, flour, Mard
eal, at the lowest prices. Special prices In
0 and 200 pound lots bacon, at Cochran's.
When you want anything In the grocery
ue, fancy, staple or heavy, call up 'phone 66,
id It will come to you at once. Best quality,
west price, prompt delivery is my motto.
T U rVv?V. n ?
Fresh mackrel, whiting and canned Ash at
)obran'B.
:' " : ' >.'': ' " ; V * : :
IV7IB!V
H THE MOST DESIE
] DRY GOODS OF AI
5S, MATTING-S AND
cheaper. The ladies
itins and Velvets, all-w
ill Suits from 5 cents t<
season we are stronger
m 5 cents to 50 cents <
vill sell a 10-4 Wool B]
1 is much larger than
f some of our prices:
.00, and one at $2.00,1
in. K( it as m
JLOTHING. Our lim
ity to call on us whene
md anywhere in uppei
i any virtue in low pric
T
ffilfl'S il
By virtue of the power confert
red by tbe will of JOSHUA ASHLEY, deo'd.'
and by authority of the Coart of Probate for
Abbeville Coanty, I will sell at pabllo outcry,
on WEDNESDAY, the 22nd, of NOVEMBER
next, at tbe late resldenoe of tbe said Joabna
Ashley, deo'd., tbe real estate of ?ald deceased,
comprising TWO HUNDRED and TWENTY
ACRES of valaable farming lands, to be sold
In two tracts.
Tract No. "1," or the Homesteau Tract, containing
One Hundred and Thirteen [113]
Aores,
more or leas, bounded by lands of Callabam,
Bryant, Brooks and otbera.
Tract No. "2," containing
One Hundred and Seven [107]
Aores,
mrtFA nr Imo hnnn<1oH Kir lanrio nf Prnrttra P.
A. HaddoD, A.. F. Car wile and others. Plate
of same exhibited on day of sale.
ALSO, at tbe same time and place, I will
sell the PERSONAL PROPERTY of said deceased,
consisting In part of Male, Cow and
Calf, Household and Kitchen Furniture, Plantation
Tools, <bc
TERMS?CASH. Purchaser to pay for papers
and stampB.
JAS. R. ASHLEY,
Oct. 80,1899, tf Executor.
The State of South Carolina,
COUNTY OF ABBEVILLE.
PBOBATE COUBT.
In the Matter of tbe Estate of Joshna Ash- I
ley, Deceased. >
Notice to Debtors and Creditors.
A LL persons Indebted to said estate mast
settle without delay, aud those holding
claims against the estate mast present tbem
properly attested to
JAMES R. ASHLEY.
Oct. 80, 1899, tf Executor.
You
Preparing your lands for
Wheat and Oats?Good.
Be sure you plow deep,
by using the "Chattanooga"
or "Syracuse"
turn, sub-soil and hillside
plows?Better.
And then put in your
grain with an "Osborne"
disc-harrow?Best.
Abbeville Hardware Co.
"Reliable Farm Implements."
MUTUAL
II HIM!
$ 425,000.
"TtTRITE TO OR CALL on the!underslgned
? ? or to the Director of your Township
for any Information you may desire about
our plan of Inauranoe.
We Insure your property against destruc
tlon by
fibe, mmm os utnmn,
and do so cheaper than any Inauranoe Oom
pany in existence.
Remember we are prepared to .prove to you
that ours 1b the safest and oheapeat plan of
Insurance known.
J. B. BLAKE, Jr., Agent,
Abbeville, S. C. j
J. FULLER LYON, Pres.
Abbeville, S. C. j
<
O <
BOARD DIRECTORS, j
I
J. Add. Calhoun.. Ninety-Six Township i
m. Rflninmin Greenwood "
G. B. Riley Cokeebury "
W. B. Acker Don n aids "
M. B. Cllnkscalea .....Due West "
T. L. Haddon Long Cane "
J. W. Scott JSmlthville "
Joseph Lake White Hall "
J. W. Lyon Indian Hill " <
Capt. John Lyon Cedar Spring "
W..E. Leslie Abbeville " .
Dr. J. A. Anderson.Diamond Hill "
H. A. Tennent Lowndesvllle "
A. O. Grant Magnolia " i
J. B. Tarrant Calhoun " ]
G. N. McKlnney Bordeaux "
Abbeville, S. C., Jan. 18. 1898. ,
WANTED.
OLD CAST IRON of any kind. SO cents J
per hundred pounds will be paid at the '
shops.
\V. P. BEARD, (
At Cblcquola Iron Works,
Oct. 17,1869. Abbeville, 8. C. (
|JL JKm
'able and seaso]
jL kinds, clothii
rugs, crockery,
cannot fail to be pies
ool fabrics in the difl
o $2.00 a yard.
in this line than ever
Bach. We have neve
Lanket at $3.00 a pair,
usual, and as for RU
We will sell an extra
arorth $3.00.
All Prices, l? M -i
3 of UNDERWEAR is
ver in need of goods o
r South Carolina. "\
es. Come and see.
xv. w
E. F. GILLIAUD,
/.TAILOR,;.
HAS moved, and occupies the rooms op
stairs In Knox's Hall, and Is now pre
pared to do all kinds of repairing and olean
ing of gentlemen's clothes on short notloe.
Samples o 1 salts always on hand. Charges
reasonable
FOR SALE.
I OFFER FOR SALE FIFTY ACRES OF
land within the incorporate limits of the
town of Abbeville. Can be divided into two
tracts of twenty-flve acres eaob. Title# perfect.
Terms easy. Price low. Apply to
J. W. W. MARSHALL.
Nov. 1st, '99.
Wood Choppers
PAN FIND a iob cutting elgbt foot cord
V/ wood by applying on the place to
. MOSES TATE.
Nov. 1,1899.
TO RENT.
TWO WOOD SHOPS and a BLACKSMITH
Shop, situated across tbe street from
Walllngford & Russell's Stables.
T u tf A DTTXT
o, ax. f .
Oct. 14,1899. tf Cave, 8. C.
ABBEVILLE ISPM
ID. REESE, SURGEON.
T*HE place to carry yonr SICK WATCHES
and BROKEN CLOCKS, where they will
be looked after and attended to at all hoars of
the day with skill and experience. No tarnlng
yoa away or sending Patients off to have
them treated elsewhere, bat I will pat them
going at prices to salt the times.
ffedfliniE Presents, Clocks,
and JEWELRY.
rnces i/uwu.
H. D. REESE,
THE PEOPLE'S JEWELER.
Apportionment of the Public
School Fund of Abbeville
County for the Year ,
1899-1900.
Amount to be dlsDlstrlct
No. of bursed by districts
Sebool. for# scholastic year
1899:
Dlstrlot No. 1 8 212 55
District No. 2 304 95
DlBtrlct No. 8 W2 93
District No. 4..... 247 88
District No. 5 105 35
Tllatrlnt. No fi 184 90
District No". 7.~. 431 45
Dlstrlot No. 8 - - 565 78
District No. 9 ?S5 98
District No. 10 918 05
District Nan 763 97
District No. 12 .. 547 K
District No. 18 694 61
District No. 14 - 892 70
District No. 15 ? 528 34
District No. 16-...- 328 86
District No. 17 4to 75
District No. 18 - 169 65
District No. 19 495 10
District No. 20 346 55
District No. 21 893 22
District No. 22 ?2
District No. 28 436 78
District No. 24 - ^49 01
District No. 25 407 50
District No. 26 249 08
District No. 27 477 31
District No. 28 ? 371 25
District No. 29 447 50
District No. 80 31? 05
District No. 81 468 16
District No. 82 283 04
District No. 88..'. 306 10
Distriot No. 84 215 15
District No. 35 ? 100 '?
District No. 86 167 50
District No. 87 445 <8
District No. 38 976 10
District No. 89 676 20
District No. 40 277 20
District No. 41 -
District No. 42
District No. 43 416 68
District No. 44 188 12
District No. 45 215 15
818,879 78
The public will observe that the apportionment
is very much smaller in some school
districts for the present year than for the
past. This is due to several causes, to wit:
Some School Districts overdrew their apportion
ment for the previous year, and the overJraft
was deducted from the present apportionment.
In some districts fewer pupils
bave been reported, the total Dumber of cbllIren,
however, bas been Increased which decreased
the per capita rate.
The main canse of a decrease in fund is the
fact that the apportionment for last year
through an oversight) was more than the
funds actually on hand. Apportionments are
nanort nni on a r??rtftlntv. but necessarily on
in approximation. Respectfully.
J. 8. GIBERT,
Co. Supt. of Education.
When you have flannel to buy look at HadIons.
When you need a winter wrap look at Hadiona.
Why suffer, when Dr. Hill's Headache PowJerwlll
relieve you Instantly. For sale by
Vlilford & DuPre. Phone 107.
A new lot of black crepons for skirts, Just
ecelved at Haddon's.
Mllford & DuPre has Just received the finest
_lne of perfumery ever seen In Abbeville.
L A IVvO icoouuauio.
"Yaobt Club" salad dressing, olives, pickles,
tour and sweet, saucer catsup, tbe best, at
^ocbraD'B.
Oat meal, oat flakes, graham flour, etc., at
Cochran's.
It you smoke or chew tobacco you will flnd
lomethlng to suit you at Speed's.
- '
RBBBMBM
STABLE GOODS.
TG, BOOTS AND
FANCY CHINA
ised with our immense
ferent colors, and mabefore.
We have the
hofhrft Tmrl aimh hfl.r
'* N/VAVA V **V%Vfc M/vkwaa rvwvM
, worth $4.00, and the
G-S we have the most
large genuine Smyrna
SMI.
> complete; We have
f any kind- Weal- if
We have a mammoth . ^
Jtiite. |
HOTICE 0? BffiHBAlM. |
STATE OF SOUTH CAROLINA,
ABBEVILLE COUNTY.
OFFICE OF SUPERVISORS OF REGIS- '
TRATION, ABBEVILLE COUNTY.
Abbeville, 8. C., March 6,1809.
Notice is hereby given that in accor- , '>fJ9
dance with an Act of the General
Assembly, and in conformity with the
requirements of the State Constitution,
the books for the registration of
all legally qualified voters, and for the ,
issuing of transfers, ect., will be open
at the office of Supervisors of Registra- f i
A- n i lu.tn.Ann tkA
L1UU lli luc vuuiii uuusc, ucmccu iuo
hour 9 o'clock a. m., and 3 o'clock p.
m., on the first Monday of eacn
month, until thirty days before the
next general election.
The Board of Registration is the
judge of the qualifications of all
applicants for registration every-male 0-H
citizen of this State and of the United
State, tweuty-one years of age, who la
not an idiot is not insane, is not a &jE|
pauper supported at the public expense,
and is not confined in any public
prison, and who has not been con- vfffl
victed of burglary, arson, obtaining
goods or money under false pretenses
perjury, forgery, robbery, bribery, . js
adultery wife beating, housebreaking, .rajl
receiving stolen goods, breach of trust ?j3|
with fraudulent intent, fornication, .
sodomy, incest, assault with intent to
ravish, miscegenation, larceny, or
crimes against the election laws, and A
who shall have been a resident in this
State two years (except ministers in
charge of organised churches and
teachers of public schools, and these
after six months residence in the
State,) a resident in the Coanty for
six months, and in polling preclncy
four months, and who can read any
Section in the Constitution of 1895, or
can understand and explain any section
of said Constitution when read to J
him by the registration officer or offl-v
cers shall be entitled to registration and ??
become an elector upon application for
such registration. If any person has
been convicted of any of the crimes
above-mentioned, a pardon of the
?
UOVtjrUUl ICLUUYCT lLID uu^uuiuvauuui
In case any minor who will become
twenty-one years of age after the closlog
of the Books of Registration and
before the qlection, ana is otherwise
qualified to register, makes application
under oath showing he is qualified
to register, the Boards shall regis- * <2
ter such applicant before the closing of
the books.
Any person whose qualifications as
an elector will be completed after the
closing of tbe Registration Books but ? JjjjM
| before the next election shall have the "Jffi
right to apply for and secure a registration
certificate at any time within
sixty days immediately preceding
the closing of the Registration Books,
upon an application under oath to the
facts entitling him to such registraThe
registration of voters must be
' ?-11!? ? mlyam/\ mnaf Ka o
uy puiuiiK prcuiuuws. moig tuuoii u? ?
Book of Registration for each polling
precinct, that ia for eacn township, or
parish, or city, or town of less than
five thousand inhabitants, or ward of
cities of more than five thousand
inhabitants. Each elector must vote
in the polling precinct in which he
resides. If there is more than one
voting place in the polling precinct,
the elector may vote at any voting
place designated on the registration
certificate. The Boards must designate
in the registration certificate the voting
place in the polling precinct at
which the elector is to vote. If there
is more than one voting place in the
polling precincts, the Boards shall
designate on the certificate the voting
place selected by the elector.
J. D. CARWILE,
8. S. BOLES, .M
W. A. LANIER.
Board of Supervisors of Registration
Haddon's Locals.
Haddon's speolal sale of fur collaretta, ladles
and misses Jackets will contlnao so long &
as present stock lasts.
Haddon's second shipment of golf bats Just
received.
Haddon's Becond shipment of plaid dress
goods Just received. g.flB
Haddon's last shipment of black dress fab
rlques now in atooK. Tola addition manes
our stock the most complete we have ever
shown.
Haddon's dress trimmings and linings will
be of Interest to those wanting new stuff at
moderate cost.
Haddon's millinery always up to date and
right in price.
Haddon's aecond shipment of those tine
german finished outings Just received.
Haddon's second shipment ladles and children's
fine knit underwear Just received. :?
Pants and vesta to match. Also union salts
for ladles, misses and children.
Haddon's kid and fabrlque gloves have
merit; moderate In price.
i M
Dr. Hill's Heachache will knock that headache
Into a cockedhat. For sale by MUford
<& DuPre. The Druggist. Phone 107.
Dr. Neuffer's Lung Tonic. For tale by Mil
ford & DuPre. Phone 107.
Kememoer, Minora .suarre aenverseverything
ordered from them at once. Prescriptions
a specialty. Phone 107.
Mllford & DuPre sells more nice soap than
anybody In Abbeville. Call and Inspect
their Hue before buying. Cacti Soap a specialty.
Trunks, trunks, trunks! L. W. White has
Just received the largest and be?t stock of
trunks ever offeraU,
yJ|w
" . ..
' '